TERMS OF USE OF VIDEO PLATFORM

Last updated: 30 June 2024

These Terms of Use of Video Platform apply to you if you are a member of an organization, company, entity, etc. (hereinafter referred to as “Organization, etc.”) that has entered into a Service Agreement with MINDVISION PTY LTD, PO BOX 3086 North Turramurra, Sydney, NSW 2074, Australia (hereinafter referred to as either “MINDVISION,” "We," "Us" or "Our") and you wish to access and use the site at https://ondemandhypnosis.vhx.tv operated by MINDVISION (hereinafter referred to as “Video Platform”) hosted on video hosting platform Vimeo OTT operated by Vimeo.com, Inc. pursuant to such Service Agreement.

If you are not a member of such Organization, the Viewer Terms of Service Agreement at https://ondemandhypnosis.vhx.tv/tos applies to you in lieu of these Terms of Use of Video Platform.

Please read these Terms of Use of Video Platform carefully before accessing or using the Video Platform.

If you are under the age of 18 or if you disagree with any part of these Terms of Use of Video Platform, you must not access or use the Video Platform.

MINDVISION does not permit anyone under 18 to access or use the Video Platform.

By accessing or using the Video Platform, you represent and warrant that:

You are over the age of 18;

You will be bound by and comply with these Terms of Use of Video Platform, as well as the Video Platform’s Privacy Policy, and Vimeo OTT Cookie Policy; and

Your access to and use of the Video Platform will be in strict compliance with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data).

If you breach of any provisions of these Terms of Use of Video Platform, your right to use the Video Platform, including any Products, will be terminated immediately.

Article 1: VIP Membership

(1) Registration

If you are a member of an Organization, etc. that has entered into a Service Agreement with MINDVISION, you may be entitled to view and listen to the items available on the Video Platform (hereinafter referred to as “Products”) in accordance with the Service Agreement.

If you wish to view and listen to the Products as a member of the Organization, etc. under the Service Agreement, the Organization, etc. of which you are a member must make a registration request to MINDVISION on your behalf to register you on the Video Platform as a person who will be granted a revocable, non-exclusive, non-transferable, non-sublicensable, limited licence to view and listen to the Products on the Video Platform solely for personal, non-commercial, private use (hereinafter referred to as “VIP Member”).

Please contact the duly authorized person of the Organization, etc. in charge of the Service Agreement (hereinafter referred to as “Person in Charge”) to make the registration request and to specify the date on which you wish to start viewing and listening to the Products (hereinafter referred to as “VIP Membership Start Date”) within the period of the Service Agreement (hereinafter referred to as “Service Period”).

The VIP Membership Start Date may be any date within the Service Period subject to approval by MINDVISION.

For registration, you must accept that MINDVISION will:

Open a unique single-user account on the Video Platform (hereinafter referred to as “Account”) for you;

Register your information including your full name, email address and phone number; and

Contact you by sending an email to your registered email address or, if necessary, calling your registered phone number.

You will be deemed to have accepted the above if you proceed with the registration process.

If you do not accept the above, you must inform the Person in Charge of your intention NOT to be registered with MINDVISION on the Video Platform.

Your email address provided by you for the purpose of registration shall be accurate, complete and current; the registered email address will be necessary for you to log in to the Video Platform and cannot be changed after registration.

MINDVISION shall not be responsible for any registration failure due to inaccurate, incomplete or outdated information provided by you.

(2) Account

After receiving the registration request, MINDVISION will open an Account for you.

On the VIP Membership Start Date specified by you, MINDVISION will:

Register you as a VIP Member and grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited licence to view and listen to the Products on the Video Platform solely for personal, non-commercial, private use; and

Send you an email at the registered email address to set up a password to gain access to the Account and view and listen to the Products as a VIP Member.

(3) VIP Membership Period

The period during which you are entitled to view and listen to the Products as a VIP Member (hereinafter referred to as a “VIP Membership Period”) shall be as specified in the Service Agreement between MINDVISION and the Organization, etc. of which you are a member.

You may check the VIP Membership Period by reviewing the email that had been sent to your registered email address on the VIP Membership Start Date or by contacting the Person in Charge.

(4) Expiry of VIP Membership

VIP Membership expires at the end of the VIP Membership Period, even if no Products have been viewed or listened to by you during the VIP Membership Period since the VIP Membership Start Date, unless the end of the VIP Membership Period falls outside the current Service Period, in which case the VIP Membership will expire at the end of the current Service Period; provided, however, that if the Organization, etc. renews its Service Agreement with MINDVISION and qualifies for the extension of VIP Membership Period expiry as provided for in the Service Agreement, such VIP Membership will expire at the end of the VIP Membership Period during the Service Period of the renewed Service Agreement.

(5) Reinstatement of Expired VIP Membership

If you wish to have your expired VIP Membership reinstated, the Organization of which you are a member must make a reinstatement request to MINDVISION. Please contact the Person in Charge to request the reinstatement of your VIP Membership.

(6) Account Security

You are solely responsible for safeguarding your Account password and for any activities and actions under your Account.

MINDVISION does not have access to the Account password.

You must not disclose your Account password to anyone.

In the event of any breach of security or unauthorized access or use of the Account, you must change your Account password and notify Us immediately.

Sale, assignment, transfer and sharing of an Account is strictly prohibited.

If you are using a computer or other device that is accessible by anyone else, you must log out of your Account after each session of using the Video Platform.

Article 2: Availability, Errors and Inaccuracies

The information presented on or through the Video Platform is made available solely for general information purposes.

We do not warrant the accuracy, completeness or usefulness of such information.

Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to change or update information on the Video Platform and to correct errors, inaccuracies, or omissions at any time without prior notice.

This Video Platform may include content provided by third parties.

We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Article 3: Modification, etc. of the Video Platform

MINDVISION reserves the right to modify, suspend or terminate the Video Platform at any time at its discretion without notice.

MINDVISION shall not be liable if, for any reason, all or any part of the Video Platform is unavailable at any time or for any period.

MINDVISION may, from time to time, limit access to some parts of the Video Platform.

Article 4: Modification, etc. of the Products

You accept that MINDVISION may, at its discretion and at any time, including during the VIP Membership Period:

Add, redesign, update, improve, modify, remove and/or discontinue any Products (or any part or content thereof); and

Limit access to and/or use of the Products to any person, geographic region or jurisdiction on a case-by-case basis.

MINDVISION shall not be liable to you or to any third party for any such changes, etc. to the Products.

Article 5: Termination

MINDVISION may, at its discretion, at any time and for any or no reason, suspend or terminate your Account and/or VIP Membership.

Your Account and/or VIP Membership will be terminated immediately, without prior notice from MINDVISION, in the event that you fail to comply with any provision of these Terms of Use of Video Platform.

Upon termination, your right to use your Account and/or VIP Membership shall cease immediately.

Termination of your Account and/or VIP Membership shall not limit any of MINDVISION’s rights or remedies at law or in equity in case of breach by you (during the Service Period) of any of your obligations under the Terms of Use of Video Platform.

If you wish to terminate your Account and/or VIP Membership, You may simply discontinue using the Video Platform.

Article 6: Prohibited acts

You shall:

NOT use any Products without following the instructions provided;

NOT reproduce, copy, duplicate, download, screen capture, record, modify, adapt, reverse engineer, decompile, translate or otherwise tamper with the Products, in whole or in part, or develop any derivative works thereof;

NOT sell, distribute, license, sublicense, lend, rent, lease, export or otherwise transfer the Products or any right thereto, in whole or in part, to others;

NOT broadcast, display, stream online, publicly perform, upload, post, transmit, share or otherwise use the Products outside the scope of personal, non-commercial, private use, in whole or in part;

NOT remove any proprietary notices or labels on the Products;

NOT use the Video Platform or the Products for any commercial or illegal purpose;

NOT attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on the Video Platform;

NOT use the Video Platform in any manner that could disable, overburden, damage, compromise or impair the Video Platform or interfere with any other party’s use of the Video Platform;

NOT use any process to monitor or copy any of the material on the Video Platform without Our prior written consent;

NOT use the Video Platform or the Products in a manner that infringes any intellectual property rights, privacy rights or any other rights of MINDVISION or any third party;

NOT introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Video Platform or anyone assessing or using the Video Platform;

NOT attempt to gain unauthorized access to, interfere with, damage, destroy or disrupt any part of the Video Platform, the server on which the Video Platform is hosted, or any server, computer, or database connected to the Video Platform;

NOT attack the Video Platform via a denial-of-service attack or a distributed denial-of-service attack;

NOT otherwise attempt to interfere with the proper functioning of the Video Platform or use the Video Platform in any other unlawful manner or for any unlawful purpose; or

NOT allow or enable others to use the Video Platform or the Products to perform or attempt to perform any of the aforementioned acts.

Performance of any of the aforementioned prohibited acts may result in the termination of your Account and/or VIP Membership.

Article 7: Intellectual Property

You acknowledge that you have no rights in, or to, the Video Platform or the Products, other than the right to use the Video Platform and the Products in accordance with these Terms of Use of Video Platform.

You hereby accept that these Terms of Use of Video Platformdo NOT transfer, from MINDVISION to you, any intellectual property of MINDVISION or third party.

The Video Platform and the Products, and the original content, features and functionality thereof, are and shallremain the exclusive property of MINDVISION and its licensors, and are protected by Australian and international copyright, trademark and other intellectual property laws.

Our trademarks and logos shall not be used in connection with any product or service without the prior written consent of MINDVISION.

You are permitted to access and use the Video Platform and the Products for personal, non-commercial, private purposesonly.

Any access or use of the Video Platform and the Products not expressly permitted by these Terms of Use of Video Platform is a breach of these Terms of Use of Video Platform and may violate copyright, trademark, and other laws.

Article 8: Disputes between the Organization, etc., and Its Members

You accept that MINDVISION shall not be liable for any disputes that may arise between you and the Organization, etc. of which you are a member in relation to the Products, the Video Platform, the Service Agreement, the Terms of Use of Video Platform or any other matter, and such disputes shall be resolved exclusively between you and such Organization, etc.

Article 9: Your Feedback to Us

You assign all rights, title and interest in any feedback, innovations or suggestions you provide MINDVISION regarding the attributes, performance or features of the Video Platform and/or the Products (hereinafter referred to as “feedback, etc.”) to MINDVISION.

If for any reason such assignment is ineffective, you agree to grant MINDVISION a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback, etc.without restriction.

Article 10: Links to the Video Platform

You may link to the Video Platform only in a manner that:

Is fair and legal; Does not damage or take advantage of Our reputation; and Does not suggest any form of association, approval, or endorsement by Us without Our express consent.

Article 11: Links to Other Websites

The Video Platform may contain links to third-party websites that are not owned or controlled by MINDVISION.

MINDVISION has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that MINDVISION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.

You also understand that references on the Video Platform to any names, marks, products or services of third parties or links to third-party websites or information are provided solely as a convenience to you and do NOT in any way constitute or imply MINDVISION's endorsement, sponsorship or recommendation of such third parties.

Article 12: Medical Disclaimer

By using the Video Platform, you acknowledge and agree that:

MINDVISION is NOT a licensed healthcare provider;

MINDVISION does NOT provide medical or emergency services or perform any examination, diagnosis or treatment of psychiatric, mental health or any other medical conditions; and

The Video Platform and the Products are NOT intended to be a substitute of a qualified healthcare professional’s advice, recommendation, examination, diagnosis or treatment.

No medical or health claims are intended, express or implied.

If you suffer from any medical condition or illness, you must seek the advice of your medical doctor or specialist.

Article 13: "AS IS" and "AS AVAILABLE" Disclaimer

Your use of the Video Platform and the Products are at your own risk.

The Video Platform and the Products areprovided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.

No oral or written information or advice given by MINDVISION or its authorized representative(s) shall create or constitute a warranty in any way.

To the maximum extent permitted under applicable law, MINDVISIONexpressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Video Platform and the Products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limitation to the foregoing, MINDVISIONprovides no warranty and makes no representation of any kind, express or implied, that:

The Video Platform or the Products will meet your requirements,achieve any intended results, operate without interruption, meet any performance, availability or reliability standards or be error free or that any errors or defects can or will be corrected; or

The Video Platform, the Products or e-mails sent from or on behalf of MINDVISION are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Where exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer are not allowed, the warranties or limitations set forth in this Article shall be applied to the fullest extent enforceable under applicable law.

Article 14: Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of MINDVISION under any provision of these Terms of Use of Video Platform and your exclusive remedy for all of the foregoing shall be as specified in the Service Agreement.

To the maximum extent permitted by applicable law, in no event shall MINDVISION be liable for any special, punitive, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits and/or income, loss of data or other information, loss of goodwill, loss of use, loss of business opportunity, business interruption, personal injury, pain and suffering, emotional distress, loss of privacy arising out of or in any way related to the use of or inability to use the Video Platform or the Products, or otherwise in connection with any provision of these Terms of Use of Video Platform), even if MINDVISION has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Where Our liability cannot be excluded, We limit Our liability to the fullest extent permitted under applicable law.

Article 15: Indemnification

You agree to indemnify, defend and hold harmless MINDVISION and its directors, officers, employees, agents, contractors, subcontractors, interns, suppliers, service providers and licensors from and against any claims, actions, suits, disputes, demands, allegations, investigations, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including, without limitation, reasonable attorneys' fees) arising out of or in any way related to: Your access to and use of the Video Platform and/or Products;

Your breach of these Terms of Use of Video Platform; or

Your violation of any law or the rights of a third party.

Article 16: Governing Law

These Terms of Use of Video Platform shall be exclusively governed by and construed in accordance with the laws of New South Wales, Australia.

Any ambiguities in the interpretation of these Terms of Use of Video Platform shall not be construed against the drafting party, MINDVISION.

Article 17: Disputes Resolution

If you have any concern about or dispute over the Video Platform or the Products, you agree to forward your concern or dispute to the Person in Charge to reach a resolution with MINDVISION.

Article 18: Severability

If any provision of these Terms of Use of Video Platform is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shallcontinue in full force and effect.

Article 19: Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use of Video Platform shall not affect MINDVISION's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Article 20: Translation and Interpretation

These Terms of Use of Video Platform may have been translated if We have made the Agreement available to You in a language other than English on the Video Platform and on the Terms of Use of Video Platform page of MINDVISION's website at https://eap.ondemandhypnosis.com (hereinafter referred to as “EAP Website”).

You agree that the original English text shall prevail in the case of a dispute.

Article 21: Headings

The headings in these Terms of Use of Video Platform are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of these Terms of Use of Video Platform.

Article 22: Changes to Terms of Use of Video Platform

We reserve the right, at Our discretion, to modify or replace these Terms of Use of Video Platform at any time.

Any changes will take effect immediately upon posting on the Video Platform and the Terms of Use of Video Platform page of the EAP Website.

If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to the revised Terms of Use of Video Platform taking effect.

What constitutes a material change will be determined at Our discretion.

By continuing to use the Video Platform after those revisions become effective, you agree to be bound by the revised Terms of Use of Video Platform.

If you do not agree to the revised Terms of Use of Video Platform, in whole or in part, you must stop using the Video Platform.

CONTACT US

If you have any questions about these Terms of Use of Video Platform, you can contact us by:

· Filling out the Contact Form;

· Writing to: MINDVISION PTY LTD POBOX 3086 North Turramurra, Sydney NSW 2074 AUSTRALIA